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Groen v. State

District Court of Appeal of Florida, First District
Apr 18, 1997
691 So. 2d 1171 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1323

Opinion filed April 18, 1997.

An appeal from the Circuit Court for Duval County. R. Hudson Olliff, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee; and Darren M. Groen, pro se, for appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for appellee.


In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Appellant has also filed a brief in proper person. Having reviewed the entire record, and considered the issues raised by appellant, we agree that no error requiring reversal of either the conviction or sentence occurred. Accordingly, we affirm the conviction, and the sentence imposed. However, we note that five "judgments and restitution orders" were entered, directing appellant to pay substantial amounts in restitution. It does not appear from the record that appellant received notice of the intent to seek restitution, or an opportunity to be heard. Accordingly, we reverse the "judgments and restitution orders." See, e.g., Norman v. State, 659 So.2d 722 (Fla. 1st DCA 1995); Williams v. State, 580 So.2d 345 (Fla. 3d DCA 1991). On remand, the trial court may again award restitution, provided that it complies with all applicable law.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and MICKLE, JJ., CONCUR.


Summaries of

Groen v. State

District Court of Appeal of Florida, First District
Apr 18, 1997
691 So. 2d 1171 (Fla. Dist. Ct. App. 1997)
Case details for

Groen v. State

Case Details

Full title:DARREN M. GROEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 18, 1997

Citations

691 So. 2d 1171 (Fla. Dist. Ct. App. 1997)